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Energy Security In International Environmental Law

Energetska bezbednost u međunarodnom pravu životne sredine

Author(s): Dragoljub Todić,Duško Dimitrijević / Language(s): Serbian / Issue: 02/2012

Keywords: Energetics; Security; Environment; International Treaties; Status of The Republic of Serbia

This paper analyses the relevant provisions of the Energy Charter Treaty, the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects, the Convention on Nuclear Safety, and several environmental treaties which could be relevant for energy security issues, as well as the provisions of the Treaty establishing the Energy Community in Southeast Europe. It could be said that there are the notion of energy comprises different elements of security in the framework of sustainable development, but the security of supply has been particularly emphasized. Different issues related to energy security are raised in the context of a wider interpretation of the place and role of energy sector in the environmental field, and the contribution of that sector to the actual state of the environment. In this context, the issues of climate change, the reduction of greenhouse gases, the improvement of energy efficiency and the development of alternative energy sources have predominated. Regulating the status of the Republic of Serbia in the relevant international environmental treaties contributes to improving its position in the field of energy security.

The European Union –Sovereign States’ Political Union : The Contractual Basis of the EU with Regard to the Rejected EU Constitution

Evropska unija i nacionalni suverenitet država članica: Ugovorna osnova EU sa osvrtom na odbačeni Ustav EU

Author(s): Nermin Tursić / Language(s): Bosnian / Issue: 1/2013

Keywords: European Union; Member States; treaties; the Constitution of the European Union; the national constitution; the people; the nation; sovereign; sovereignty; sovereignty

This paper is based on research into the potential constitutional and legal order of the European Union to the analysis and comparison with the current contractual relationship among the Member States. Namely, how Member States can protect their national sovereignty and how they have been protecting it so far in the form of existing alliance of states. The very nature of such relationship leads to the analysis of (non)existence of "sovereign competence of the European Union" as a senior legal order with the respect of the Member States. Also, the author is questioning the current theoretical approaches aimed at proving the reduction of state sovereignty within the EU, to those, who believe that membership in this association sovereignty is simply annulled. In this regard, the intention of this paper is not to present the description labyrinth in which they were different theoretical approaches, but fair presentation of EU - Member States relation through the prism of sovereign competence and contractual bases. This question is additionally directed to the contractual basis and its projection through a system of separation of powers. I.e., whether has the EU acquired substantial elements that characterize a sovereign state to the detriment of the member states or whether those member states, through the same contract provisions, have protected their national sovereignty?

Railway Affair

Železnička afera

Author(s): Goran Antonić / Language(s): Serbian / Issue: 01-02/2004

Keywords: corruption; parliament; public services; integrity

The article is presenting the “Railway affair”, a complex mechanism of large scope corruption affair related to political life of Serbia during the eighties of XIX century. The court influence exerted on judiciary had put out of action the investigation and the participants in this revealed corruption chain managed to hide the evidence due to their power and cleverness.

For and Against Serbian Constituent Assembly

Za i protiv ustavotvorne skupštine Srbije

Author(s): Aleksandar Molnar / Language(s): Serbian / Issue: 426-427/2008

Keywords: Serbian constituent assembly; Serbia; European Union; state; Kosovo;

In order to understand political developments in Serbia - particularly the attitude of political elite toward the constitution - in the early years of the 21st century, one should bear in mind that the country has had two hundred years of constituent fiascos...

Women from Plato to Derrida

Žene od Platona do Derride

Author(s): Evelyne Pisier,Françoise Colin,Eleni Varikas / Language(s): Bosnian / Issue: 02/2005

THATCHERISM – POLITICAL CONCEPTION OF BELIEF

TAČERIZAM – POLITIČKA KONCEPCIJA UVJERENJA

Author(s): Damirka Mihaljević,Marko Šilić / Language(s): Croatian / Issue: 14/2015

Keywords: Thatcherism; Winter of Discontent; transformation; trade unions; Great Britain

The crisis in Great Britain during the 1970s became dramatic in winter 1978/1979 known as Winter of Discontent. Dissatisfactions expressed in strikes were not only the sign of workers’ turmoil for realization of social rights but also a deeper indicator of serious state crisis. Thatcherism appeared as the answer to disorder in economic, political and social life and it marked the beginning of the Great Britain transformation.Thatcherism is based on strong beliefs and political will to implement them into life. Internalization and loyalty to ideas such as free market, individualism, freedom and self-responsibility resulted in Thatcherism and respectful political longevity. Every politics is determined by values advocated by political leaders and success greatly depends on how much leaders are truly devoted to values they advocate. Revolutionary changes, Thatcher conducted, made her one of the greatest but also controversial political personalities of the 20th century.

Normative Power: European Past or the Future of EU?

Normativna moć: Europska prošlost ili budućnost EU?

Author(s): Nedžma Džananović Miraščija / Language(s): Bosnian / Issue: 1-2/2014

Keywords: normative capacity; normative force; EU; EU’s foreign policy;

The EU’s favoring of the international norms and tendency towards the universalization of its own particularity is rooted in European history, but also has its utterly current and pragmatic reasons. If international standards are to be less explicit or less rigorous then EU standards, that might bring competitive advantage to other subjects on the international scene. Chronic lack of so-called hard-power needed to impose its norms to subjects not willing to accept or respect them, forces EU to rely on the international system to realize its interests. The Union recognizes the export of the norms as a need, interest and commitment, therefore the political discourse on normative power seems to be essential dimension of EU strategy of the power demonstration on the international scene. Analysis of the EU’s legislative potential, however, points to the serious inadequacy of this concept since it doesn’t recognize the difference between the power of defining norms that EU clearly has, and the power to impose them as a standard acceptable to others. Time-space configuration that forms the international norms is extremely unfavorable for EU, and its normative potential is not universal, nor far-reaching, and only occasionally and indirectly goes beyond EU borders and countries covered by the enlargement process.

Connection of the Istrian Identity with the Istrian Democratic Assembly: Analyses of the Contents of the Program and the Texts Published in Glas Istre from 1989 to 1993

Povezanost istarskoga identiteta i Istarskoga demokratskog sabora: analiza programskoga sadržaja i tekstova objavljenih u Glasu Istre od 1989. do 1993. godine

Author(s): Tatjana Tomaić / Language(s): Croatian / Issue: 1-2/2014

Keywords: identity; Istrian Democratic Assembly; state; Glas Istre; regionalism;

Regional party, the Istrian Democratic Assembly (IDA), in the transformation from the social and state system, offered its own pattern of values based on the Istrian autonomy, regionalism and multiculturality as identificational features of the Istrian inhabitants. IDA, in the turmoil of the Istrian identity at the beginning of the 90s of the 20th century and in the interpretation of the history through suppressed identity as well as through a slow integration of the Istrian Croats in the modern Croatian society, built its political identity and the political perseverance through a regional mobilization and the resistance to the center of the state authority, interpreting itself to the inhabitants as a defender of the regional interests. Studying the local newspaper Glas Istre, in the period when the Republic of Croatia gained its independence, and observing the role of IDA in shaping of the political and national identity of Istrian inhabitants through Glas Istre as well as through the party’s programme documents, this research has shown a lack of nation-building elements which would be in favour of the thesis of positive role of the regional party in the process of national state building.

AN EXPERT'S OPINION ON THE DRAFT LAW ON OBLIGATIONS OF THE REPUBLIC OF SRPSKA/FEDERATION OF BOSNIA AND HERZEGOVINA, VOLUME 1, GENERAL PART, SITUATION ON JAN. 28, 2003. (PART TWO)

СТРУЧНО МИШЉEЊE O НAЦРTУ 3AKOHA O ОБЛИГАЦИОНИМ ОДНОСИМA ФЕДEРЛЦИЈE БИХ/РЕПУБЛИКЕ СРПСКЕ (II)

Author(s): Slobodan Perović / Language(s): German,Serbian / Issue: 3-4/2003

Keywords: Obligation contracts; sale; Rental fee; insurance; Banking;

The expert's opinion regarding this part of the Draft Law that refers to individual obligations, primarily covered general questions and then views about each individual contract included in this draft (50). As regards the general questions, first of all, emphasis was placed on the structure and content of this part of the Draft, which is usually called the special part/section of the Law on Obligations, and then the author dwells particularly on questions of nominate and innominate contracts and on the question of simple and mixed contracts. In that respect, the author gives a comparative review especially in the legislations of the former Yugoslav republics, now independent states that have (almost enitrely) retained the systematisation and content of the clauses of the Law on Obligations from 1978, which was in effect in the former Yugoslavia. Special attention is paid to contracts of autonomous commercial law from the aspect of whether they should be included in this codification or whether they should be regulated by other laws or, perhaps left to commercial practice with the indication only of the general principles of contractual law. These are primarily contracts: franchising, leasing, factoring, forfeiting, time sharing, and then contracts on the transfer of know-how, contracts on long-term production cooperation, contracts on commercial and technical cooperation, and many other contracts from the domain of the exchange of goods and services concluded among economic subjects, particularly with the element of foreign origin. In all these contracts the question arises as to whether they should be regulated by the Law on Obligations in the sense of nominate contracts and in this context, it was pointed out that there are different interpretations in comparative law. Where it concerns individual contracts of obligation the question arose as to whether the directives of the EU regarding different questions (often even technical ones) should be entered in the Law on Obligations. The answer to the question raised, according to the text of this expert opinion, cannot be uniform for all legal situations that make up the subject of the relevant directive. In that sense, concrete solutions were presented. As for individual contracts of obligation, an expert opinion was given for each individual contract envisaged in the Draft Law, with numerous observations or objections, which were based on the comparative, expert and scientific aspect/view in this section of contractual law/ the Law on Obligations.

REVIEW

ПРИКАЗ

Author(s): Bojana Jakšić / Language(s): Serbian / Issue: 1/2005

Review of: Bojana Jakšić - Fons Coomans, Menno T. Kamminga Extraterritorial Application of Human Rights Treaties (Intersentia, Antwerpen -- Oxford, 2004)

Poland 1980 - Political crisis and reconstruction paths

Poljska 1980 - Politička kriza i putovi obnove

Author(s): Jerzy Wlatr / Language(s): Croatian / Issue: 01+02/1981

Keywords: Poland 1980; Political crisis; reconstruction paths;

Politička kriza koja je zahvatila socijalističku Poljsku 1980. godine događaj je što ima veliko značenje na njezin daljnji razvoj. Ta kriza ima, također, međunarodne posljedice i snažno je zaokupljala pažnju međunarodnog javnog mnijenja.

Responsibility of the shipowner and the contracting authority for delays in the carriage of cargo : [case review]

Odgovornost brodovlasnika i naručitelja za zakašnjenje u prijevozu tereta : [prikaz presude]

Author(s): Dino Pinjo / Language(s): Croatian / Issue: 156/2002

Keywords: case review; shipowner's liability; carriage of goods by sea; delay in carriage of goods;

The term ''vessel seaworthy'' refers to the condition of a ship, not to whether the carrier execised due diligence. The importance of the ''reasonably prudent carrier'' standard is that if he knew of a particular incapacity of the ship for navigation, he had to take certain steps and correct that incapacity (unseaworthiness).

US and non-alignment

SAD i nesvrstanost

Author(s): Ranko Petković / Language(s): Serbian / Issue: 02/1979

Keywords: US; non-alignment;

Kao jedna od dveju svetskih super-sila, koja raspolaže izvanredno snažnim političkim , ekonomskim i vojnim uticajem, Sjedinjene Američke Države su, direktno ili indirektno, prisutne u svim krajevima sveta, pa i u krugu nesvrstanih zemalja. Dejstva dalekosežne i raznorodne globalne strategije SAD nalaze se u određenom odnosu prema pokretu nesvrstanosti, kao značajnom faktoru savremenih međunarodnih odnosa.

Contemporary conceptions of a strike in capitalism

Suvremene koncepcije o štrajku u kapitalizmu

Author(s): Anton Ravnić / Language(s): Croatian / Issue: 01/1971

Keywords: Contemporary conceptions; strike; capitalism;

Štrajk se pojavio u vrijeme industrijske revolucije, za nastajanja tzv. industrijskog kapitalizma. Od tada pa do danas štrajk je predmet proučavanja raznovrsnih društvenih nauka (sociologije, psihologije, ekonomskih, političkih, pravnih i drugih nauka), različitih i suprotnih ideologija i politika.

VÁCLAV HORČIČKA, JAN NĚMEČEK, MARIJA WAKOUNIG, VOJTĚCH KESSLER, JAROSLAV VALKOUN (EDS), THE FRUSTRATED PEACE? THE POLITICAL, SOCIAL AND ECONOMIC IMPACT OF THE VERSAILLES TREATY

VÁCLAV HORČIČKA, JAN NĚMEČEK, MARIJA WAKOUNIG, VOJTĚCH KESSLER, JAROSLAV VALKOUN (EDS), THE FRUSTRATED PEACE? THE POLITICAL, SOCIAL AND ECONOMIC IMPACT OF THE VERSAILLES TREATY

Author(s): Amir Krpić / Language(s): Bosnian / Issue: 6/2020

Review of: VÁCLAV HORČIČKA, JAN NĚMEČEK, MARIJA WAKOUNIG, VOJTĚCH KESSLER, JAROSLAV VALKOUN (EDS), THE FRUSTRATED PEACE? THE POLITICAL, SOCIAL AND ECONOMIC IMPACT OF THE VERSAILLES TREATY, NEW ACADEMIC PRESS, VIENNA-HAMBURG 2021, 310.

THE EUROPEAN UNION: A SOVEREIGN ENTITY?

EVROPSKA UNIJA: SUVERENI ENTITET?

Author(s): Mahir Muharemović / Language(s): Bosnian,Croatian,Serbian / Issue: 6/2014

Keywords: European Union; Lisbon Treaty; Communitarian Law; Constitution; Sovereignty; Competence-Competence; Confederation; Federation; Intergovernmental Organisation;

The EU is a construction based upon international treaties which function as its very foundation. Therefore, all its competencies are derived from these founding treaties that are the result of the sovereign will of its member states. None provision of the treaties confers Competence-Competence to the Union. As the most crucial element of sovereignty the Competence-Competence is still placed in the member states. Beside this fact, the member states have the sovereign right to withdraw from the Union and the Lisbon Treaty provisions contain, for the first time, a prescribed formal withdrawal procedure. The EU also lacks of a common European nation that could be the democratic legitimation of a EU constitution. Because of that we can not speak of an existing EU constitution, but rather of pre-constitutional forms. Although there is much debate about the very same character of the EU, analyzing the Lisbon Treaty, we can reveal the significant intergovernmental character of the EU without an unconditional and absolute supremacy of the EU Law over national law of the member states, as it would be in a federation.

SLAVKO BURZANOVIĆ: MONTENEGRO IN ITALIAN FOREIGN POLICY 1861–1923

SLAVKO BURZANOVIĆ: CRNA GORA U ITALIJANSKOJ SPOLJNOJ POLITICI 1861–1923

Author(s): Radenko Šćekić / Language(s): Montenegrine / Issue: 39/2021

THE RIGHTS OF USERS OF THE CREDITS INDEXED IN SWISS FRANCS IN THE LIGHT OF JUDGMENTS OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

PRAVA KORISNIKA KREDITA INDEKSIRANIH U ŠVAJCARSKIM FRANCIMA U SVETLU PRESUDA SUDA PRAVDE EVROPSKE UNIJE

Author(s): Jovan Vujičić / Language(s): Serbian / Issue: 1/2019

Keywords: EU law; consumers' protection; credit agreement indexed in Swiss francs; currency clause

The Court of Justice of the EU has issued important decisions in recent years on foreign currency indexed loans, mainly in Swiss francs, which are important for protecting the interests of borrowers "trapped" in contracts with currency clauses that have resulted in overpayments. Except for the courts of the Member States, the case-law cited is also relevant to the courts of the Republic of Serbia, bearing in mind that the Stabilization and Association Agreement not only obliged to harmonize existing and future regulations with the acquis communautaire, but also to ensure that current and future legislation to be properly applied and implemented (Art. 72 Para. 1). In the area of consumers' protection, this implies the harmonization of consumers' protection standards in Serbia with those in force in the Union (Art. 78).

LOCUS STANDI OF NON-MEMBER STATES IN PROCEEDINGS BEFORE THE COURT OF JUSTICE OF THE EU

AKTIVNA LEGITIMACIJA TREĆIH DRŽAVA U POSTUPCIMA PRED SUDOM PRAVDE EU

Author(s): Vladimir Medović / Language(s): Serbian / Issue: 2-3/2013

Keywords: locus standi; third states; international agreements; Court of Justice of EU; action for annulment; the right to intervene

Do the non-member states have locus standi to sue in the courts of European Union? If it is the case, under which conditions they may bring actions to the Court of Justice? Are they equal in that respect with the member states of EU or they enjoy the same status as legal persons? Those are some of the questions which the author considers in this article. The subject of the analysis are the provisions of the Treaty on the Functioning of the European Union and Statute of the Court of Justice which relates to the issue of locus standi in proceedings before the courts of EU. Also, the author considers other possibilities for the involvement of third states in the proceedings before the Court of Justice, such as the right to intervene. The motive for this article is the judgement of the Court of Justice of March 7, 2013 in the case Swiss Confederation v. Commission. In this case the Court of Justice was called for the first time to deal with the question of the locus standi of the third state in action for annulment.

NEWS FROM EU

NOVOSTI IZ EVROPSKE UNIJE

Author(s): Mina Zirojević / Language(s): Serbian / Issue: 2-3/2007